RENT STABILIZATION BOARD
Regular Meeting Minutes

Monday, May 16, 2005
7 PM

APPROVED


Item 1. Call to Order - Chairperson Chong called the meeting to order at 7:02 p.m.

Commissioners Present: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne (arrived 7:15), Spector, Walden 

Commissioners Absent: None 

Staff Present: Kelekian, Wyche

Item 2. Approval of the Agenda. 

M/S (Overman/Walden) APPROVE AGENDA WITH THE REMOVAL OF ITEM 6.a.(2).

Substitute motion (Arreguin/ Kavanagh) TO APPROVE AGENDA AS WRITTEN. Roll call vote. Yes: Arreguin, Chong, Kavanagh, Spector; No: Evans, Harrison, Overman, Walden; Abstain: None; Absent: Payne. Failed: 4-4-0-1

Main Motion (Overman/Walden) APPROVE AGENDA WITH THE REMOVAL OF ITEM 6.a.(2). Roll call vote. Yes: Evans, Harrison, Overman; No: Arreguin, Chong, Kavanagh, Spector, Walden; Abstain: None; Absent: Payne. Failed: 3-5-0-1

M/S/C (Chong/Overman) TO APPROVE ITEMS 1 THROUGH 5 ON THE AGENDA AND REVISIT THE APPROVAL OF THE FULL AGENDA AFTER COMPLETION OF THOSE ITEMS. Voice vote. Passed: 8-0-0-1 Absent: Payne.

Item 3. Public Forum. There were no speakers.

Item 4. Approval of the May 2, 2005 Minutes. M/S/C (Overman/Harrison) TO APPROVE MINUTES WITH ONE CORRECTION UNDER ITEM NUMBER 7.a.(1) CORRECT THE SPELLING OF REUGLAR TO REGULAR. Voice vote. Passed: 8-0-0-1. Absent: Payne.

Item 5.a. Soft story update report given by Joan MacQuarrie and Dan Lambert from the Building and Safety Division of the City of Berkeley Planning Department. Key dates mentioned: on or around May 25th Phase I of the Soft Story Project will be presented to the Disaster Council, the Housing Advisory Commission will hold a Public Hearing on June 2nd, and, if all goes as planned, Phase I recommendation will go to the City Council on July 12th.

Item 5.b. Recommendation from Board to Council concerning Phase I of the soft story project [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Overman) TO SEND RECOMMENDATION AS WRITTEN TO CITY COUNCIL AND BOARD WILL SET UP A SOFT STORY AD HOC COMMITTEE. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Payne, Spector, Walden; No: None; Abstain: None; Absent: None. Passed: 9-0-0-0.

Item 2. Approval of agenda. (Chair Chong reopened item and requested a motion to approve the remaining items on the agenda.) M/S/C (Payne/Kavanagh) TO APPROVE THE REMAINDER OF THE AGENDA AS WRITTEN AND TO REVERSE THE ORDER OF ITEMS 6.a.(1) AND 6.a.(2). Roll call vote. Yes: Arreguin, Chong, Kavanagh, Payne Spector; No: Overman, Walden; Abstain: None; Absent (stepped out of chambers): Evans, Harrison. Passed: 5-2-0-2.

Item 6.a.(2) Possible pass through to tenants of increased registration fees. 

M/S (Arreguin/Spector) TO APPROVE THE PASS-THROUGH OF $12 OF THE REGISTRATION FEE TO TENANTS. After some Board discussion, Arreguin amended and Spector agreed: TO ADOPT THE PROPOSED RESOLUTION DISTRIBUTED AND UNDER THE FIRST BE IT RESOLVED CLAUSE ADD "INCREASE THE RENT BY $1.00 A MONTH FOR TWELVE CONSECUTIVE MONTHS.

Commissioner Evans requested an amendment to the pass-through resolution, and specified it was not a friendly amendment or substitute motion. Chair Chong ruled it to be a substitute motion since the changes altered the intent of the original motion and resolution.

M/S/F (Evans/Harrison) TO OVERRULE THE CHAIR ON THE RULING THAT IT BE CONSIDERED A SUBSTITUTE MOTION. Roll call vote. Yes: Evans, Harrison; No: Arreguin, Chong, Kavanagh, Payne, Spector; Abstain: Overman, Walden; Absent: None. Failed: 2-5-2-0. Commissioner Evans withdrew his suggested changes.

Chair called the original motion: M/S/C (Arreguin/Spector) TO ADOPT RESOLUTION AND UNDER THE FIRST BE IT FURTHER RESOLVED CLAUSE ADD…INCREASE THE RENT BY $1.00 A MONTH FOR TWELVE CONSECUTIVE MONTHS. Friendly amendment by Spector and accepted. TO CHANGE THE WORDING IN THE LAST WHEREAS FROM "..PURPOSES OF THE RENT STABILIZATION ORDINANCE..." TO …THE SERVICES PROVIDED BY THE RENT STABILIZATION ORDINANCE." AND CHANGE "TO PASS ALONG TO TENANTS THE INCREASE…TO "PASS ALONG TO TENANTS "PART OF THE INCREASE…" Roll call vote. Yes: Arreguin, Chong, Kavanagh, Payne, Spector; No: Evans, Harrison, Overman, Walden; Abstain: None; Absent: None. Passed: 5-4-0-0.

Item 6.a.(1) Proposal that the Board adopt a resolution adopting the Fiscal Year 2005-2006 Final Budget [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Kavanagh) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Arreguin, Chong, Kavanagh, Overman, Spector, Walden; No: Evans, Harrison; Abstain: None; Absent: Payne. Passed: 6-2-0-1.

Item 6.a.(3) Proposal that the Board adopt on first reading an amendment to Regulation 705 to provide that a security deposit may be increased during a tenancy in consideration of a landlord's waiver of a prohibition on pets. M/S/C (Evans/Harrison) TO ADOPT ON FIRST READING THE PROPOSED AMENDMENT TO REGULATION 705. Voice vote. Passed: 8-0-0-1 Absent: Payne.

Item 6.a.(4) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order for Inkworks Progressive Printing ("Inkworks") for Fiscal Year 2005/2006 in an amount no to exceed $40,000. [PDF file, requires Adobe Acrobat Reader.] M/S/C (Walden/Harrison) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Spector, Walden; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 6.a.(5) Recommendation to adopt a resolution authorizing the Executive Director to modify contract number 2453 with Quartet Systems, Inc. extending the term through June 30, 2006 [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Harrison) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Spector, Walden; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 6.a.(6) Recommendation to adopt a resolution authorizing the Executive Director to extend the contract with Berkeley Community Media, Inc. ("BCM") for the 2005/2006 Fiscal Year [PDF file, requires Adobe Acrobat Reader.] M/S/C (Arreguin/Spector) ADOPT RESOLUTION WITH THE FOLLOWING CHANGE IN THE THIRD TO LAST LINE IN THE NOW, THEREFORE BE IT RESOLVED CLAUSE FROM " …,TO ASSIST IN PRODUCING AND TELECASTING THE RENT BOARD'S MONTHLY HALF HOUR HOUSING UPDATE EDUCATIONAL PROGRAM,…" TO "…, TO ASSIST IN PRODUCING AND TELECASTING THE RENT BOARD'S SPECIAL PROGRAMS,…" Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Spector, Walden; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 6.a.(7) Recommendation to adopt a resolution authorizing the Executive Director to issue a purchase order with Teri Darrenougue, a Certified Realtime Reporter, for closed captioning services for the 2005/2006 Fiscal Year [PDF file, requires Adobe Acrobat Reader.] M/S/C (Harrison/Arreguin) TO ADOPT RESOLUTION AS WRITTEN. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Spector, Walden; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

Item 6.a.(8) Proposal to approve staff recommendation on the following requests for waiver of late registration penalties.

Ministerial Waivers

Waiver No.      Property Address
3261                 2201 Rose Street

Discretionary Waivers

Waiver No.      Property Address
3252                 2147 Russell Street 
3253                 2425-2431 Virginia Street 
3262                 2616 Parker Street 
3255                 1834 Carleton Street 
3257                 1623 Alcatraz Avenue 
3260                 2407 - 2409 Hillside Avenue

Commissioner Evans pulled Waiver Numbers 3252, 3257 and 3260.

M/S/C (Arreguin/Walden) TO ACCEPT STAFF RECOMMENDATION ON REMAINING WAIVER NUMBERS 3253, 3262 AND 3255. Voice vote. Passed: 8-0-0-1 Absent: Payne.

M/S (Evans/Harrison) TO WAIVE 60%, OR $816, INSTEAD OF RECOMMENDED 80% ON WAIVER NUMBER 3252. Substitute motion: (Walden/Evans) TO WAIVE 25% ON WAIVER NUMBER 3252. Roll call vote on substitute motion. Yes: Evans, Harrison, Walden; No: Arreguin, Chong, Kavanagh, Overman, Spector; Abstain: None; Absent: Payne. Failed: 3-5-0-1.

First motion (Evans/Harrison) TO WAIVE 60%, OR $816, INSTEAD OF RECOMMENDED 80% ON WAIVER NUMBER 3252. Roll call vote. Yes: Evans, Harrison, Walden; No: Arreguin Chong, Kavanagh, Overman, Spector; Abstain: None; Absent: Payne. Failed: 3-5-0-1.

M/S/C (Overman/Arreguin) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3252. Roll call vote. Yes: Arreguin, Chong, Kavanagh, Overman, Spector, Walden; No: Evans, Harrison; Abstain: None; Absent: Payne. Passed: 6-2-0-1.

M/S/C (Evans/Overman) TO ACCEPT STAFF RECOMMENDATION ON WAIVER NUMBER 3257. Roll call vote. Yes: Arreguin, Chong, Evans, Harrison, Kavanagh, Overman, Spector, Walden; No: None; Abstain: None; Absent: Payne. Passed: 8-0-0-1.

M/S/C (Evans/Walden) TO PUT WAIVER NUMBER 3260 OVER UNTIL NEXT MEETING. Voice vote. Passed: 8-0-0-1. Absent: Payne.

Item 7.b. Announcements of upcoming Committee Meetings:

(1) Budget and Personnel: No meeting scheduled.

(2) Outreach: TBA

(3) Eviction: TBA

(4) IRA/AGA: Next meeting: Monday, May 9th at 6 p.m.

(5) 4 x 4 Joint Committee on Housing: No meeting scheduled.

Item 7.c. Discussion of items for possible placement on future agenda material.

Evans requested an acknowledgement of the 25th anniversary of the Rent Ordinance in June. Overman requested a report or presentation on web casting. Arreguin requested a soft story update. Harrison requested a report on the progress of the case management process in the Public Information Unit.

Item 8. Adjournment. M/S/C (Arreguin/Chong) Chair Chong adjourned at 9:36 p.m.